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Insurance

  • August 6, 2018

    NY Law Firm Settles Former ALJ's Due-Process Claims

    The New York law firm Raff & Becker received court approval Monday to settle a former high-ranking administrative judge's claims that it conspired to retaliate against him after he reported the alleged diversion of funds meant for unemployment claims hearings.

  • August 6, 2018

    Vegas Strip Club Not Covered For Credit Card Fraud Payments

    A Nevada federal judge ruled Monday that U.S. Fire Insurance Co. doesn’t have to cover a Las Vegas strip club’s costs to reimburse funds that its employees stole from customers by overcharging their credit cards, holding that the insurer’s crime policy doesn’t apply because the club didn’t suffer a direct loss of its own money.

  • August 6, 2018

    Insurers Look To End Power Plant Defect Coverage Battle

    Two insurers for Black & Veatch Corp. on Friday urged a Kansas federal judge to rule they don't have to cover any costs the engineering company has incurred as a result of construction defects at four power plants, while Black & Veatch countered that the Tenth Circuit's recent ruling in the case established that the carriers must shell out. 

  • August 6, 2018

    Ace Fights Claims It Underpaid Hotel For Renovation Damages

    Ace American Insurance Co. hit back on Monday against the Statler Hotel in a Texas suit alleging Ace underpaid insurance claims during the hotel’s $250 million renovation, arguing that several of the hotel’s insurance claims fell under exemptions and that Ace had overpaid the hotel nearly $1 million in advance payments.

  • August 6, 2018

    Humana Hits Generic-Drug Makers With Price-Fixing Claims

    Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.

  • August 6, 2018

    Insurer Says It Has No Duty To Cover Go-Kart Accident

    Cincinnati Insurance Co. says it has no duty to defend a go-kart center from a lawsuit by the parents of a child who was thrown from one of its carts, arguing that exclusions in the policy for amusement rides bar coverage, according to a lawsuit filed in an Iowa federal court on Friday.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Travelers Sues Hospital's Insurer Over Sex Abuse Coverage

    An insurance company providing underlying excess liability coverage to a hospital where a staff doctor allegedly sexually abused more than 100 children is dodging its share of costs to resolve resulting lawsuits, Travelers Casualty and Surety Co. said in a suit filed in Connecticut federal court.

  • August 6, 2018

    New York Life Lends $131M For NJ Luxury Apartment Tower

    New York Life Real Estate Investors has lent $131 million to Roseland Residential Trust for a luxury apartment tower in New Jersey, according to an announcement on Monday from New York Life.

  • August 3, 2018

    Madoff Investor's $3.4M Deal Not Covered, 2nd Circ. Told

    Two Chubb Ltd. insurers on Thursday urged the Second Circuit to affirm that they don’t have to cover a nearly $3.4 million settlement that a victim of Bernard L. Madoff’s Ponzi scheme paid to resolve a clawback action brought by the Madoff bankruptcy trustee, saying a lower court properly held that the action didn’t trigger their policies’ personal injury coverage.

  • August 3, 2018

    Allstate’s Electrolux Dryer-Fire Claims Spread Over States

    A Pennsylvania federal court on Friday dropped most of the claims Allstate Insurance brought against Electrolux Home Products Inc. over fires sparked by allegedly defective clothes dryers, and dispersed the remaining cases to courts closer to where the fires occurred.

  • August 3, 2018

    Insurer Needn't Cover $8M Courthouse Defect Award: 5th Circ.

    The Fifth Circuit on Thursday affirmed that excess insurer U.S. Fire Insurance Co. doesn’t have to have to cover any of an $8 million award against Satterfield & Pontikes Construction Co. over faulty work at a courthouse, finding that S&P’s claim fails because subcontractors appear to have already paid all the portions of the award covered by U.S. Fire's policy. 

  • August 3, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a Russian businessman's telecom company forge ahead with a commercial fraud claim against Russia's VTB bank, ED&F Man Capital Markets sue a rival brokerage and U.K. insurer RSA initiate the court process to transfer policies to its new Luxembourg unit. Here, Law360 looks at those and other new claims in the U.K.

  • August 3, 2018

    NJ Hospital Wins Another Bid At $26M Insurance Repayment

    A New Jersey state appeals court on Friday reinstated Meadowlands Hospital Medical Center’s $26.3 million lawsuit to recoup unpaid or underpaid Medicaid and Medicare service payouts from insurance companies, ruling that more findings were needed to determine whether or not a lawsuit is the hospital’s last resort for relief.

  • August 3, 2018

    4 Insurance Battlegrounds To Watch In Wisconsin This Fall

    Wisconsin's highest court is poised to tackle a host of thorny insurance issues this fall, including what penalty an insurer should face for breaching its duty to defend a policyholder and whether a massive wildfire is one or multiple occurrences for coverage purposes.

  • August 3, 2018

    Liberty Mutual Can't Escape Doc's Suit Yet, 1st Circ. Says

    The First Circuit on Thursday vacated a summary judgment from a Puerto Rico district court for Liberty Mutual Insurance Co., ruling the insurer may still be on the hook for claims against a hospital administrator seeking coverage for a medical malpractice suit.

  • August 2, 2018

    3 Key Takeaways As Cities Sue Trump Over ACA 'Sabotage'

    Several large cities on Thursday launched a sprawling legal attack on the Trump administration for allegedly “sabotaging” the Affordable Care Act, teeing up high-stakes questions about the law’s future and executive branch power. Here, Law360 explores three key takeaways from the complaint.

  • August 2, 2018

    Pa. To Keep Tougher Rules For Association Health Plans

    Pennsylvania became the latest state to announce it will not enforce portions of a recent Trump administration rule that lets small companies and the self-employed band together to buy health insurance through the large-group market, telling two agencies Thursday that several rule provisions conflict with Keystone State law.

  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Anthem Bumps Autism Benefits Settlement Up To $1.9M

    An Indiana federal judge will allow Anthem and a class of children with autism to boost a settlement over the insurer’s coverage policy to $1.9 million, from $1.6 million, to account for 62 additional class members discovered after the agreement was granted early approval.

Expert Analysis

  • Fortis Case Confirms Viability Of Dutch Settlement Law

    Jonathan Richman

    A Dutch court's approval this month of a €1.3 billion ($1.5 billion) collective settlement of claims brought by shareholders of the former Fortis shows that the Dutch Act on Collective Settlement of Mass Claims can be used to resolve transnational disputes on a classwide, opt-out basis, say Jonathan Richman of Proskauer Rose LLP and Ianika Tzankova of Tilburg University.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.